Bankruptcy Exemption Citations
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Exemption: Workers' compensation

Citation: Stat. - N.D. Cent. Code § 65-05-29

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N.D. Cent. Code § 65-05-29 :
TITLE 65. WORKFORCE SAFETY AND INSURANCE
CHAPTER 65-05. CLAIMS AND COMPENSATION

65-05-29 Assignment of claims void -- Claims exempt.

Any assignment of a claim for compensation under this title is void. All compensation and claims therefor are exempt from claims of creditors except any of the following:

1. A child support obligation ordered by a court of competent jurisdiction.

2. A claim by job service North Dakota for reimbursement of unemployment benefits, for the amount that was paid by job service during the period for which the claimant is found eligible for temporary total, or permanent total disability benefits, not to exceed the disability award actually made by the organization.

3. A claim by the organization for any payments made due to:

a. Clerical error, mistake of identity, innocent misrepresentation by or on behalf of the recipient, or any other circumstance of a similar nature, all not induced by fraud, in which cases the recipient shall repay it or recoupment of any unpaid amount may be made from any future payments due to the recipient on any claim with the organization;

b. An adjudication by the organization or by order of the board or any court, if the final decision is that the payment was made under an erroneous adjudication, in which cases the recipient shall repay it or recoupment of any unpaid amount may be made from any future payments due to the recipient on any claim with the organization;

c. Fraud, in which case the recipient shall repay the payment or the unpaid amount of the sum may be recouped from any future payments due to the recipient on any claim with the organization; or

d. Overpayment due to application of section 65-05-09.1.
Last Amended: 2013
2013

S.L. 1919, ch. 162, � 22; S.L. 1987, ch. 755, � 1; S.L. 1989, ch. 766, � 9; S.L. 1991, ch. 54, � 31; S.L. 2003, ch. 561, � 3; S.L. 2009, ch. 611, � 11, eff. April 22, 2009; S.L. 2009, ch. 626, � 1, eff. Aug. 1, 2009; S.L. 2013, ch. 502, � 4, eff. Aug. 1, 2013.

Source: S.L. 1919, ch. 162, � 22; 1925 Supp., � 396a22; R.C. 1943, � 65-0529; S.L. 1987, ch. 755, � 1; 1989, ch. 766, � 9; 1991, ch. 54, � 31; 2003, ch. 561, � 3.
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